Beers v. NH State Prison, Warden et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Timothy Beers
v.
NH State Prison, Warden
Case No. 20-cv-968-LM
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated February 20, 2026. For the reasons explained therein, Beers's
motion (Doc. No. 138) is denied without prejudice to his ability to
bring a separate lawsuit asserting claims based on what he alleges is
inadequate medical care for cancer. “‘[O]nly those issues fairly
raised by the objections to the magistrate's report are subject to
review in the district court and those not preserved by such objection
are precluded on appeal.’” School Union No. 37 v. United Nat'l Ins.
Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary
of Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see also
United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after
proper notice, failure to file a specific objection to magistrate's
report will waive the right to appeal).
____________________________
Landya B. McCafferty
United States District Judge
Date: March 16, 2026
cc: Timothy Beers, pro se
Counsel of Record
Case 1:20-cv-00968-LM Document 167 Filed 03/16/26 Page 1 of 1